House of Lords Journal 239 (Session 2005-06)


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Page 285

2005-06

Volume 239      

Thursday 27th October 2005

The House met at a quarter before ten o’clock.

The following Lords Spiritual and Temporal were present:

Ackner, L.
Acton, L.
Adams of Craigielea, B.
Addington, L.
Adonis, L.
Ahmed, L.
Allenby of Megiddo, V.
Amos, B.
Ampthill, L.
Anderson of Swansea, L.
Andrews, B.
Anelay of St Johns, B.
Ashcroft, L.
Ashley of Stoke, L.
Astor, V.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Baker of Dorking, L.
Barker, B.
Barnett, L.
Bassam of Brighton, L.
Beaumont of Whitley, L.
Berkeley, L.
Best, L.
Bhatia, L.
Biffen, L.
Billingham, B.
Bilston, L.
Birt, L.
Blackwell, L.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bottomley of Nettlestone, B.
Brabazon of Tara, L.
Bradshaw, L.
Bragg, L.
Bramall, L.
Brett, L.
Bridgeman, V.
Bridges, L.
Brooke of Alverthorpe, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Burlison, L.
Buscombe, B.
Byford, B.
Caithness, E.
Cameron of Dillington, L.
Campbell of Alloway, L.
Campbell-Savours, L.
Carter, L.
Chelmsford, Bp.
Chorley, L.
Christopher, L.
Clark of Windermere, L.
Clement-Jones, L.
Clinton-Davis, L.
Cobbold, L.
Cohen of Pimlico, B.
Colville of Culross, V.
Colwyn, L.
Condon, L.
Cope of Berkeley, L.
Corbett of Castle Vale, L.
Cox, B.
Craigavon, V.
Crathorne, L.
Crawley, B.
Crickhowell, L.
Cumberlege, B.
Cunningham of Felling, L.
Currie of Marylebone, L.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
De Mauley, L.
Dean of Harptree, L.
Dearing, L.
Denham, L.
Desai, L.
Dholakia, L.
Dixon-Smith, L.
Donoughue, L.
D’Souza, B.
Dubs, L.
Dykes, L.
Eames, L.
Eatwell, L.
Eccles, V.
Eccles of Moulton, B.
Elder, L.
Elles, B.
Elliott of Morpeth, L.
Elton, L.
Erroll, E.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Falkender, B.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Feldman, L.
Ferrers, E.
Filkin, L.
Flather, B.
Fookes, B.
Foster of Bishop Auckland, L.
Foulkes of Cumnock, L.
Fowler, L.
Fraser of Carmyllie, L.
Freeman, L.
Freyberg, L.
Gale, B.
Garden, L.
Gardner of Parkes, B.
George, L.
Gibson of Market Rasen, B.
Giddens, L.
Glenarthur, L.
Glentoran, L.
Goodhart, L.
Goodlad, L.
Gordon of Strathblane, L.
Goudie, B.
Gould of Brookwood, L.
Gould of Potternewton, B.
Graham of Edmonton, L.
Greengross, B.
Greenway, L.
Grocott, L.
Hamilton of Epsom, L.
Hamwee, B.
Hanham, B.
Hannay of Chiswick, L.
Hanningfield, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Haskel, L.
Haworth, L.
Hayhoe, L.
Hayman, B.
Henig, B.
Higgins, L.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Hooper, B.
Hooson, L.
Howarth of Breckland, B.
Howarth of Newport, L.
Howe, E.
Howe of Aberavon, L.
Howe of Idlicote, B.
Howell of Guildford, L.
Howells of St. Davids, B.
Hughes of Woodside, L.
Hunt of Chesterton, L.
Hunt of Wirral, L.
Hurd of Westwell, L.
Hylton, L.
Irvine of Lairg, L.
Janner of Braunstone, L.
Jenkin of Roding, L.
Jones, L.
Jones of Cheltenham, L.
Jopling, L.
Kilclooney, L.
Kimball, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsland, L.
Kirkhill, L.
Kirkwood of Kirkhope, L.
Laing of Dunphail, L.
Laird, L.
Laming, L.
Lane of Horsell, L.
Lawson of Blaby, L.
Lea of Crondall, L.

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Leitch, L.
Lester of Herne Hill, L.
Linklater of Butterstone, B.
Lipsey, L.
Liverpool, E.
Livsey of Talgarth, L.
Lloyd of Berwick, L.
Luke, L.
Lyell, L.
Lyell of Markyate, L.
McAlpine of West Green, L.
Macdonald of Tradeston, L.
McIntosh of Hudnall, B.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
McKenzie of Luton, L.
Mackie of Benshie, L.
Maclennan of Rogart, L.
McNally, L.
Maddock, B.
Maginnis of Drumglass, L.
Mancroft, L.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Maxton, L.
Mayhew of Twysden, L.
Merlyn-Rees, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Molyneaux of Killead, L.
Monro of Langholm, L.
Monson, L.
Montagu of Beaulieu, L.
Montgomery of Alamein, V.
Moonie, L.
Morgan of Drefelin, B.
Morgan of Huyton, B.
Morris of Aberavon, L.
Morris of Bolton, B.
Morris of Manchester, L.
Mowbray and Stourton, L.
Murphy, B.
Naseby, L.
Neuberger, B.
Newby, L.
Newton of Braintree, L.
Nicol, B.
Noakes, B.
Northbrook, L.
Northesk, E.
Northover, B.
Norwich, Bp.
O’Cathain, B.
Oliver of Aylmerton, L.
O’Neill of Clackmannan, L.
Onslow, E.
Oppenheim-Barnes, B.
Oxburgh, L.
Palmer, L.
Parekh, L.
Park of Monmouth, B.
Patel, L.
Patel of Blackburn, L.
Paul, L.
Pearson of Rannoch, L.
Peel, E.
Pendry, L.
Peston, L.
Peyton of Yeovil, L.
Phillips of Sudbury, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Platt of Writtle, B.
Plummer of St. Marylebone, L.
Powell of Bayswater, L.
Prashar, B.
Prosser, B.
Prys-Davies, L.
Puttnam, L.
Quinton, L.
Quirk, L.
Ramsay of Cartvale, B.
Ramsbotham, L.
Randall of St. Budeaux, L.
Rawlings, B.
Razzall, L.
Rea, L.
Redesdale, L.
Renfrew of Kaimsthorn, L.
Rennard, L.
Renton, L.
Renton of Mount Harry, L.
Richard, L.
Rix, L.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Robertson of Port Ellen, L.
Rodgers of Quarry Bank, L.
Rogan, L.
Roper, L.
Rosser, L.
Rowlands, L.
Ryder of Wensum, L.
Sainsbury of Turville, L.
St. John of Bletso, L.
St John of Fawsley, L.
Saltoun of Abernethy, Ly.
Sandberg, L.
Sandwich, E.
Sawyer, L.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Selkirk of Douglas, L.
Selsdon, L.
Sharp of Guildford, B.
Sharples, B.
Shaw of Northstead, L.
Sheldon, L.
Shephard of Northwold, B.
Simon, V.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Slynn of Hadley, L.
Smith of Clifton, L.
Smith of Finsbury, L.
Smith of Gilmorehill, B.
Snape, L.
Soley, L.
Soulsby of Swaffham Prior, L.
Southwark, Bp.
Stern, B.
Stewartby, L.
Stone of Blackheath, L.
Strabolgi, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taylor of Blackburn, L.
Taylor of Bolton, B.
Taylor of Warwick, L.
Temple-Morris, L.
Thornton, B.
Tombs, L.
Tomlinson, L.
Tonge, B.
Tope, L.
Trefgarne, L.
Triesman, L.
Trumpington, B.
Truscott, L.
Tunnicliffe, L.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Ullswater, V.
Waddington, L.
Wakeham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
Warnock, B.
Warwick of Undercliffe, B.
Waverley, V.
Weatherill, L.
Wedderburn of Charlton, L.
Weidenfeld, L.
Whitaker, B.
Whitty, L.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williamson of Horton, L.
Windlesham, L.
Woolmer of Leeds, L.
Wright of Richmond, L.
Young of Hornsey, B.
Young of Norwood Green, L.

PRAYERS were read by the Lord Bishop of Chelmsford.

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Judicial Business

1.Regina v. Rimmington (Appellant) (formerly Regina v. R (Appellant))—
2.Regina v. Goldstein (Appellant)—

It was moved by the Lord Bingham of Cornhill, That the 20th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged in the appeal of Rimmington, that the Order of the Court of Appeal Criminal Division of 28th November 2003 and also the Order of Mr Justice Leveson in the Central Criminal Court of 3rd September 2002 be set aside and proceedings on the indictment stayed; and that the costs incurred by Mr Rimmington in this House and below be paid out of central funds in accordance with section 16 of the Prosecution of Offences Act 1985, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties; in the appeal of Goldstein, that the Order of the Court of Appeal Criminal Division of 28th November 2003 be set aside and Mr Goldstein’s conviction at Southwark Crown Court on 3rd October 2002 quashed; and that the costs incurred by Mr Goldstein in this House and below be paid out of central funds in accordance with section 16 of the Prosecution of Offences Act 1985, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments; and that in both appeals the questions certified by the Court of Appeal Criminal Division on 28th November 2003 be answered in accordance with the opinions expressed in this House. [2005] UKHL 63

3.Szoma (FC) (Appellant) v. Secretary of State for the Department of Work and Pensions (Respondent)—It was moved by the Lord Bingham of Cornhill, That the 21st Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 30th July 2003 and also the Order of Mr Commissioner R J C Angus of the Social Security Commissioners of 10th October 2002 be set aside; that the decision of the Social Security Appeal Tribunal of 26th January 2001 be restored; that the respondent do pay to the appellant his costs in this House and below; and that the costs of the appellant in this House be taxed in accordance with the Access to Justice Act 1999. [2005] UKHL 64
4.Fraser and another (Appellants) v. Canterbury Diocesan Board of Finance and others (Respondents)—It was moved by the Lord Nicholls of Birkenhead, That the 22nd Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the Order of the Court of Appeal of 28th January 2004 be set aside and the declaration and Order of Mr Justice Lewison in the High Court of Justice Chancery Division of 14th May 2003 restored; and that Canterbury Diocesan Board of Finance do pay to the appellants their costs in the Court of Appeal and this House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties. [2005] UKHL 65
5.Januzi (FC) (Petitioner) v. Secretary of State for the Home Department (Respondent)—It was moved by the Lord Bingham of Cornhill, That the 45th Report from the Appeal Committee (HL Paper 52) be agreed to; the motion was agreed to. Following is the report referred to. On 7 July 2004 the Appeal Committee refused leave to appeal to Mr Januzi because the petition raised the same point of law as another appeal then pending in the House, namely, AE (FC) and another (Appellants) v. Secretary of State for the Home Department (Respondent). The Secretary of State for the Home Department undertook not to seek to remove Mr Januzi from the United Kingdom before the judgment in AE and to consider the Januzi case in the light of that judgment. In the event, the case of AE was settled and withdrawn before it reached the Appellate Committee. Mr Januzi therefore seeks to restore his petition for leave to appeal. The Appeal Committee has decided that in these circumstances it would be right to vacate the Order made on 7th July 2004 refusing leave to appeal, and recommends that leave to appeal should now be given; and that the petition of appeal be lodged by 10th November.
6.Regina v. Secretary of State for the Home Department (Appellant) ex parte Adam (FC) (Respondent)—
7.Regina v. Secretary of State for the Home Department (Appellant) ex parte Tesema (FC) (Respondent)—
8.Regina v. Secretary of State for the Home Department (Appellant) ex parte Limbuela (FC) (Respondent)—

(Conjoined Appeals)—

The certificate of public funding of Binyam Tesema was lodged.

The House was adjourned during pleasure.

The House was resumed.

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9.Leave of Absence—It was ordered that leave of absence be granted to the Lord Simon of Highbury for the remainder of this Parliament.

Papers

10.Instrument withdrawn—The following instrument, laid before the House on 19th October, was withdrawn:

Draft Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005.

11.Affirmative Instruments—The following instruments were laid before the House for approval by resolution and ordered to lie on the Table:
1.Draft Civil Partnership (Jurisdiction and Recognition of Judgments) Regulations 2005, laid under the Civil Partnership Act 2004, together with an Explanatory Memorandum;
2.Draft Criminal Justice Act 2003 (Commencement No. 12 and Transitory Provisions) Order 2005, laid under the Criminal Justice Act 2003, together with an Explanatory Memorandum;
3.Draft European Court of Human Rights (Immunities and Privileges) (Amendment) Order 2005, laid under the International Organisations Act 1968, together with an Explanatory Memorandum.
12.Negative Instrument—The following instrument was laid before the House and ordered to lie on the Table:

Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2005, laid under the Town and Country Planning Act 1990.

(2935)

13.Papers not subject to parliamentary proceedings—The following papers were laid before the House and ordered to lie on the Table:
1.Report for 2004–05 of the Chief Electoral Officer for Northern Ireland, laid under the Electoral Law Act (Northern Ireland) 1962;
2.Report and Accounts for 2004 of InterTrade Ireland, the Trade and Business Development Body, laid under the North/South Co-operation (Implementation Bodies) (Northern Ireland) Order 1999;
3.Report and Accounts for 2004–05 of the Arts Council of England, laid under the National Lottery etc. Act 1993;
4.Report and Accounts for 2004–05 of the Electoral Commission, laid under the Political Parties, Elections and Referendums Act 2000.

Public Business

14.Liaison—It was moved by the Chairman of Committees that the First Report from the Select Committee be agreed to; the motion was agreed to.
15.Civil Partnership (Miscellaneous and Consequential Provisions) Order 2005—It was moved by the Lord Evans of Temple Guiting that the draft Order laid before the House on 12th October be approved; the motion was agreed to.
16.Social Security (Inherited SERPS) (Amendments relating to Civil Partnership) Regulations 2005—It was moved by the Lord Evans of Temple Guiting that the draft Regulations laid before the House on 12th October be approved; the motion was agreed to.
17.Energy supply—It was moved by the Baroness O’Cathain that there be laid before the House papers relating to the case for early policy decisions to secure long-term energy supply; after debate, the motion was (by leave of the House) withdrawn.
18.Harbours Bill [HL]—It was moved by the Lord Berkeley that the bill be now read a second time; after debate, the motion was agreed to.
19.Misuse of Drugs Act 1971 (Amendment) Order 2005—It was moved by the Lord Bassam of Brighton that the draft Order laid before the House on 11th October be approved; after debate, the motion was agreed to.
20.Weights and Measures (Miscellaneous Foods) (Amendment) Order 2005—It was moved by the Lord McKenzie of Luton that the draft Order laid before the House on 21st July be approved; after debate, the motion was agreed to.

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21.European Communities (Definition of Treaties) (WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty) Order 2005—It was moved by the Lord McKenzie of Luton that the draft Order laid before the House on 13th October be approved; after debate, the motion was agreed to.

The House was adjourned at ten minutes past five o’clock
to Monday next, half-past two o’clock.